Frequently Asked Questions
The Court directed that the Notice be provided because you have a right to know about a proposed settlement that has been reached in this proposed class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments and credit monitoring codes that the Settlement allows. The Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.
The Court in charge of this case is the Circuit Court of Saline County, Illinois. The case is known as Lowery v. Egyptian Public and Mental Health Department, d/b/a Egyptian Health Department, No. 2024LA10 (the “Lawsuit”). The person who filed the Lawsuit is called the Plaintiff and the entity they sued, Egyptian Public and Mental Health Department, is called the Defendant.
The Lawsuit claims that the Defendant was responsible for failing to prevent the Data Incident and asserts claims such as: negligence, negligence per se, breach of fiduciary duty, breach of implied contract, unjust enrichment, and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. The Lawsuit seeks, among other things, payment for persons who were injured by the Data Incident.
Defendant has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.
In a class action, one or more people called class representatives sue on behalf of people whom they allege have similar claims. Together, all these people are called a class or class members. One Court and one judge resolves the issues for all class members, except for those who exclude themselves from the class.
The Court did not decide in favor of the Plaintiff or Defendant. Instead, Plaintiff negotiated a settlement with Defendant that allows both Plaintiff and Defendant to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class Members to obtain payment and credit monitoring services without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class Members. This Settlement does not mean that Defendant did anything wrong.
You are part of this Settlement as a Settlement Class Member if your personal information was potentially accessible in the Data Incident or you previously received a notification from Defendant pertaining to the Data Incident.
Yes. Specifically excluded from the Settlement Class are EHD’s officers and directors, as well as (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the judges assigned to the Litigation and to evaluate the fairness, reasonableness, and adequacy of this Settlement; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
Defendant will create a Settlement Fund of $765,000.00, which will be used to pay for: (i) reasonable Notice and Settlement Administration Costs incurred pursuant to the Settlement Agreement as approved by the Parties and approved by the Court; (ii) any taxes owed by the Settlement Fund; (iii) any Service Award approved by the Court; (iv) any attorneys’ fees, costs, and expenses as approved by the Court; and (v) any benefits to Settlement Class Members, pursuant to the terms and conditions of the Settlement. The benefits to Settlement Class Members are as follows:
Alternative Cash Payment: As an alternative to a claim for Unreimbursed Losses, Lost Time, and/or Credit Monitoring, Settlement Class Members may submit a claim to receive a pro rata cash payment from the Settlement Fund (“Alternative Cash Payment”). The amount of the Alternative Cash Payment will be calculated in accordance with the Settlement Agreement, which provides for a distribution of the Settlement Fund to first cover other costs and then distribute the remaining funds evenly amongst Settlement Class Members who elected to receive an Alternative Cash Payment. The Alternative Cash Payment is estimated to be approximately $100.00, but will be determined based on the methods discussed above.
Compensation for Unreimbursed Losses and Credit Monitoring:
The Settlement provides compensation for the following unreimbursed losses.
1. Time Spent: Up to four hours of lost time at a rate of $25.00 per hour for time spent dealing with the Data Incident, if the Settlement Class Member spent at least one-half (0.5) hour dealing with the Data Incident.
2. Ordinary Out-of-Pocket Expenses or Losses: Out-of-pocket expenses up to $300.00 incurred as a result of the Data Incident, including: documented bank fees, long-distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, gasoline for local travel, and fees for credit reports, credit monitoring, or other identity theft insurance products purchased between December 21, 2023 and August 19, 2025.
3. Extraordinary Out-of-Pocket Expenses or Losses: Out-of-pocket expenses up to $5,000.00 directly arising from identity theft or other fraud perpetuated on or against the Settlement Class Member as a result of the Data Incident.
Compensation for lost time requires only an attestation that any claimed lost time was spent related to the Data Incident.
Compensation for unreimbursed losses (except for lost time), shall be paid only if: (1) the loss is an actual, documented, and unreimbursed monetary loss; (2) the loss was more likely than not caused by the Data Incident; and (3) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance.
4. Credit Monitoring and Identity Theft Protection Services: Settlement Class Members who do not opt for the Alternative Cash Payment are eligible to receive 24 months of Credit Monitoring and identity theft protection services free of charge. The Credit Monitoring and identity theft protection services will be provided to all valid claimants who timely enroll in these services for a period of 24 months from the date of activation, including daily three-bureau credit monitoring with Equifax, Experian, and TransUnion; identity restoration services; and $1 million in identity theft insurance, among other features.
To ask for a payment, you must complete and Submit a Claim Form. Claim Forms are available to download here. You may also request one by email by calling 1-833-419-3894. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than August 19, 2025 to EHD Data Incident Settlement Administrator, P.O. Box 301134 Los Angeles, CA 90030-1134.
The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement Administrator may require additional information from any Claimant. If the required information is not timely provided, the claim will be considered invalid and will not be paid.
Additional information regarding the claims process can be found in Section VI of the Settlement Agreement, available here.
The Court has scheduled a Final Approval Hearing at 1:00 p.m. on August 21, 2025 (though this date may change), to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.
You do not have to do anything to remain in the Settlement, but if you want a payment or credit monitoring services, you must submit a Claim Form postmarked or submitted online by August 19, 2025.
If the Settlement becomes final, you will give up your right to sue Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against Defendant are described in Section XV of the Settlement Agreement. You will be “releasing” Defendant and all related people or entities as described in Section XV of the Settlement Agreement. The Settlement Agreement is available here.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions about what this means, you can talk to the law firm listed in the question “Do I have a lawyer in this case?” below for free or you can, of course, talk to your own lawyer at your own expense.
No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.
No. Unless you exclude yourself from the Settlement, you give up any right to sue Defendant for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for a payment.
To exclude yourself from the Settlement, you must either request to be excluded electronically on the Settlement Website, www.ehddatasettlement.com, or send a letter by mail stating that you want to be excluded from the Settlement. Your letter must (a) state your full name, address, and telephone number; (b) contain your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (c) state unequivocally your intent to be excluded from the Settlement Class and from the Settlement. You must mail your exclusion request postmarked no later than July 21, 2025 to:
EHD Data Incident Settlement Administrator
P.O. Box 301134
Los Angeles, CA 90030-1134.
Yes. The Court appointed Ben Barnow and Anthony L. Parkhill of Barnow and Associates, P.C. to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees not to exceed $255,000.00 to include reasonable litigation costs and expenses. Class Counsel will also request approval of a Service Award of $2,000.00 for the Class Representative.
If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Defendant’s Counsel a written notice stating that you object to the Settlement.
Your objection must:
i. identify the case name and number;
ii. state your full name, current mailing address, and telephone number;
iii. contain your original signature;
iv. state that you object to the Settlement, in whole or in part;
v. set forth a statement of the legal and factual basis for the Objection;
vi. provide copies of any documents that you wish to submit in support of your position;
vii. contain a list, by case name, court, and docket number, of all other cases in which you (directly or through a lawyer) have filed an objection to any proposed class action settlement within the last three (3) years; and
viii. contain a list, by case number, court, and docket number, of all other cases in which you have been a named plaintiff in any class action or served as a lead plaintiff or class representative.
Your objection must be filed with the Clerk for the Circuit Court of Saline County, 10 East Poplar Street, Harrisburg, IL 62946, and served upon Class Counsel and Defendant’s Counsel at the addresses no later than July 21, 2025. Counsel’s addresses are as follows:
CLASS COUNSEL
Ben Barnow
Anthony L. Parkhill
Barnow and Associates, P.C.
205 W. Randolph Street, Suite 1630
Chicago, IL 60606
DEFENDANT’S COUNSEL
David M. Ross
Wilson Elser Moskowitz Edelman & Dicker LLP
1500 K Street NW, Suite 330
Washington, DC 20005
Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.
The Court will hold a Final Approval Hearing at 1:00 p.m. on August 21, 2025, in the Circuit Court of Saline County, 10 East Poplar Street, Harrisburg, IL 62946. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly-filed written objections and may also listen to people who have asked to speak at the hearing (see the question “How do I tell the Court I do not like the Settlement?" above). The Court will also decide whether to approve fees, expenses, and reasonable litigation costs to Class Counsel, and the Service Award to the Class Representative.
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.
Yes, you may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must follow the instructions provided in the question "How do I tell the Court I do not like the Settlement?” above. You cannot speak at the hearing if you exclude yourself from the Settlement.
If you do nothing, you will not receive any compensation from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or related parties about the issues involved in the Lawsuit, resolved by this Settlement, and released by the Settlement Agreement.
Yes. The Notice summarizes the proposed Settlement. More details are available in the Settlement Agreement, which is available here, or by writing to the EHD Data Incident Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134.
To get more information, write to the EHD Data Incident Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134.